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Giacomo Jacques Behar
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Giacomo Behar’s Answers

37,369 total


  • N400 Application

    i have been waiting for my biometric appointment letter for my N400 which USCIS received on June2nd 2015,have waited more than a month then i called the customer center and they didnt have any information other than its listed in the online case s...

    Giacomo’s Answer

    You should go to the ASC taking "biometrics" any day that suits you prior to August 18. Don't have to wait until that date. Simply take along the two letters/notices and play "confused", tell them drove a long way, took time from work, etc. and ask to be fingerprinted on the spot. Ask to speak with a Supervisor - only! He/she will gladly oblige; you'll see..

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  • Any issue if EVL dosent have terms and conditions words,but has matching Salary,position,100%match duties & fulltime with LABOR?

    I am EB3 India 485 pending and got RFE," Submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proferred position ( if different from your current one), the...

    Giacomo’s Answer

    Good evening, Babu!
    A current signed and dated "employment verification letter" is simply "basics" and an essential ingredient, i.e. a "must" when applying for employment-based I-485. (This tells me that you did not use professional help by a competent and experienced immigration lawyer when applying). Right now you are still good, have your "employer" (if still have one, if not get another one fast!) follow the instructions and submit exactly such a letter, including each and every item CIS wants "EVL" to include. CIS gave you a "lifeline" with this RFE and is offering you another chance.. And worry not, a higher salary, coupled with a promotion is only good..

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  • CR1 visa -Interview date

    Greetings, I am a U.S citizen and have applied for a CR1 visa for my wife who resides abroad. On Jun 1st we received a letter from the NVC saying our case is complete at NVC and we have to wait for the interview date at the U.S embassy in Ankara T...

    Giacomo’s Answer

    Yes, that is very "normal", under the circumstances, since US consulates worldwide are barely recovering from the worldwide "crash" of the visa issuance system and still coping with the backlogs that it created. You might have to wait for another 2 months until seeing the interview scheduled. You can contact the embassy's consular section ("IV Unit"), but will in all likelihood be responded to with a generic, boilerplate message that amounts to "need to wait". Please remain patient a while longer.

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  • Immigrant visa final steps

    I had prblem for filling up affidavit of support form but after getting advice from Avvo lawyers that it should be completed by an attoney i did so it is comleted now and i am going to send it to NVC with all other reqired documents and along wit...

    Giacomo’s Answer

    Depending on where and how busy the US consulate in question is, I would venture to say at least 3-4 months.

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  • What should I do regarding my student status?

    I have a grace period between the end of my BA (finishing in December) and the beginning of my masters (August-September). It is like 6 months when I will not be attending any university, even though I am accepted to Masters. Is there any way to s...

    Giacomo’s Answer

    You mean you have a "dead period", or a "gap", but certainly not a "grace period", for if you did, then you wouldn't have had a problem to legally remain in the US and wouldn't have posed this question. The only thing you yourself can do under the circumstances is timely apply for a change of status from F-1 to B-2 "visitor", to say, "tour the USA" (what is it that you'd like to do here during those 6 months?), for instance. Must have a good reason for wanting to remain here and convincing proof.

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  • What if someone come here on visit and desire to stay and get a greencard??

    I know its a visa frued when someone come in usa on their visit visa and planned to stay here and apply for greencard...my in-laws trying to do that they have visit visa they asked my husband to get his citizenship and when they r here on visit my...

    Giacomo’s Answer

    You are asking for case specific, individualized advice of the kind that cannot be given in a general, voluntary forum such as Avvo. We attorneys are not here to teach you how to commit fraud on the US government.

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  • I am flying to europe with my i-551 resident alien card and with my european passport. Resident Alien Card has no expiration

    I always fly with my card. I know it is better.to replace it and when it is finally mandatory, I will do so. Meanwhile: Anyone knows any news about this? I called the borderpatrol and they said it's still valid.

    Giacomo’s Answer

    Your old "green card" with no expiration date issued on the 80ies is still valid for readmission purposes to the USA. Hopefully the picture still looks like you?

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  • What should I do?? Go to the interview with his mother? go by myself?? or reschedule it?? Thank you

    Hello. I got married in December. We apply for my green card. In February my husband went to prison. I have an interview in 20 days. What should I do??

    Giacomo’s Answer

    You should absolutely attend the interview, accompanied by a reputable immigration attorney who will explain the situation and present the documentary proof of your good faith marriage, to which you will likely have to orally testify, the same as if your husband was present with you at the interview.

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  • Changing visa type from visitor to F:

    Hello im medical doctor(MD) in Iran (born 1983)i am about to come to USA for visiting my uncles and my cousins i may register for Kaplan classes for preparation myself for USMLE exams .can i register for Kaplan classes while im in USA?or shou...

    Giacomo’s Answer

    Coming to the USA on a B-2 visa with the "preconceived intent" to then "turn around" and apply for an F-1 visa is a very bad idea which could inevitably create serious problems with USCIS, such as denial based on "visa fraud" due to imputed preconceived intent upon arrival. Also note that USCIS takes about 6 months or more to process an application to change status from "visitor" to "student" and the school might not agree to have you attend the preparatory courses without you having F-1 student visa/status. Consequently, as hard as it may sound now, you are better off applying for an F-1 student visa from either Dubai, Ankara or even Nicosia. The US consulate in Naples will also entertain your visa application.

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  • I recently receive my Alien Number on a I-797c Notice of Action. Can this be used for DMV as valid ID along with pass and visa?

    i have been before at DMV and they say that the Passport, visa, end I-94 are not enough to get a drivers licence. i have a b1/b2 visa valid for 5 years

    Giacomo’s Answer

    More information is needed. Did you apply for I-485 adjustment of status? It will really boil down to the rules and regulations of your local state DMV in that regard, but usually a mere I-797 Notice of Action, with an Alien Number on it, without more, will not be accepted as valid ID for driver's license issuance purposes. Also, your visa is not "valid for 5 years". You were only admitted for 6 months under that visa.

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